Page No.# 1/14 GAHC020006242026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/239/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE ENGINEER-IN-CHIEF PWD (NH) NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD (NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAN VERSUS SHRI NUCHOPA NIENU AND 24 ORS S/O LATE DUKHUYI NEINU, PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE, PHEK, NAGALAND. 2:SHRI KUVEKHOYI LOHE S/O LATE SHEVOTSO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 3:SHRI CIEKROPA TUNENU S/O LATE CIEKHUTSO TUNENU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. Page No.# 2/14 4:SHRI THUPUPOYI TENENU S/O LATE ZUNEYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 5:SHRI HUSUVE LOHE (KPO) S/O LATE SHEPOTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 6:SHRI THEYEKHUYI RINGA S/O SHRI VESUSA RINGA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 7:SHRI PASAYI LOHE S/O LATE THUPUSAHU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 8:SHRI VELATA LOHE S/O SHRI THEYEVEYI LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 9:SHRI RAPO TENENU S/O LATE CHEKHUZU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 10:SHRI THUPUNEZO LOHE S/O LATE CESOYI LOHE 11:SHRI RAZUSHELE TENENU S/O SHRI YEVETA TENENU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 12:SHRI VEZHOSE LOHE S/O LATE CESOYI LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE Page No.# 3/14 PHEK NAGALAND. 13:SHRI VEPAKHUYI TUNYI S/O LATE SORITSO TUNYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 14:SHRI VECUPA TENENU S/O LATE THUPUSAYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 15:SHRI KUVERA NAKRO S/O LATE CESITA NAKRO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 16:SHRI HUVESU LOHE S/O LATE LUPOTSU LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 17:SHRI POSUTSO LOHE S/O LATE VESUHU LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 18:SHRI VEPHITHA NAKRO S/O LATE SHETSO NAKRO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 19:SHRI THUPU LOHE S/O SHRI JOTI LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 20:SHRI HUKHOYI LOHE S/O LATE NESACHO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE Page No.# 4/14 PHEK NAGALAND. 21:SHRI NUCUTO NAKRO S/O LATE CESITA NAKRO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 22:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GVT. OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-110001 23:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR 4-PARLIAMENT NEW DELHI-110001 24:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 25:THE VILLAGE COUNCIL MIDDLE KHOMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAN Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : WA/56/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA Page No.# 5/14 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE ENGINEER-IN-CHIEF PWD (NH) NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD (NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAND VERSUS SHRI NUCHOPA NIENU AND 24 ORS S/O LATE DUKHUYI NEINU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 2:SHRI KUVEKHOYI LOHE S/O LATE SHEVOTSO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 3:SHRI CIEKROPA TUNENU S/O LATE CIEKHUTSO TUNENU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 4:SHRI THUPUPOYI TENENU S/O LATE ZUNEYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 5:SHRI HUSUVE LOHE (KPO) S/O LATE SHEPOTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. Page No.# 6/14 6:SHRI THEYEKHUYI RINGA S/O SHRI VESUSA RINGA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 7:SHRI PASAYI LOHE S/O LATE THUPUSAHU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 8:SHRI VELATA LOHE S/O SHRI THEYEVEYI LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 9:SHRI RAPO TENENU S/O LATE CHEKHUZU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 10:SHRI THUPUNEZO LOHE S/O LATE CESOYI LOHE 11:SHRI RAZUSHELE TENENU S/O SHRI YEVETA TENENU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 12:SHRI VEZHOSE LOHE S/O LATE CESOYI LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 13:SHRI VEPAKHUYI TUNYI S/O LATE SORITSO TUNYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 14:SHRI VECUPA TENENU S/O LATE THUPUSAYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE Page No.# 7/14 PHEK NAGALAND. 15:SHRI KUVERA NAKRO S/O LATE CESITA NAKRO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 16:SHRI HUVESU LOHE S/O LATE LUPOTSU LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 17:SHRI POSUTSO LOHE S/O LATE VESUHU LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 18:SHRI VEPHITHA NAKRO S/O LATE SHETSO NAKRO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 19:SHRI THUPU LOHE S/O SHRI JOTI LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 20:SHRI HUKHOYI LOHE S/O LATE NESACHO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 21:SHRI NUCUTO NAKRO S/O LATE CESITA NAKRO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 22:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS Page No.# 8/14 GVT. OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-110001 23:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4-PARLIAMENT NEW DELHI-110001 24:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 25:THE VILLAGE COUNCIL MIDDLE KHOMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI NUCHOPA NIENU AND 24 ORS Linked Case : I.A.(Civil)/240/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE ENGINEER-IN-CHIEF PWD (NH) NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD (NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER Page No.# 9/14 PHEK NAGALAND VERSUS SHRI NUCHOPA NIENU AND 24 ORS S/O LATE DUKHUYI NEINU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 2:SHRI KUVEKHOYI LOHE S/O LATE SHEVOTSO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 3:SHRI CIEKROPA TUNENU S/O LATE CIEKHUTSO TUNENU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 4:SHRI THUPUPOYI TENENU S/O LATE ZUNEYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 5:SHRI HUSUVE LOHE (KPO) S/O LATE SHEPOTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 6:SHRI THEYEKHUYI RINGA S/O SHRI VESUSA RINGA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 7:SHRI PASAYI LOHE S/O LATE THUPUSAHU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 8:SHRI VELATA LOHE S/O SHRI THEYEVEYI LOHE Page No.# 10/14 PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 9:SHRI RAPO TENENU S/O LATE CHEKHUZU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 10:SHRI THUPUNEZO LOHE S/O LATE CESOYI LOHE 11:SHRI RAZUSHELE TENENU S/O SHRI YEVETA TENENU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 12:SHRI VEZHOSE LOHE S/O LATE CESOYI LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 13:SHRI VEPAKHUYI TUNYI S/O LATE SORITSO TUNYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 14:SHRI VECUPA TENENU S/O LATE THUPUSAYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 15:SHRI KUVERA NAKRO S/O LATE CESITA NAKRO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 16:SHRI HUVESU LOHE S/O LATE LUPOTSU LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. Page No.# 11/14 17:SHRI POSUTSO LOHE S/O LATE VESUHU LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 18:SHRI VEPHITHA NAKRO S/O LATE SHETSO NAKRO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 19:SHRI THUPU LOHE S/O SHRI JOTI LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 20:SHRI HUKHOYI LOHE S/O LATE NESACHO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 21:SHRI NUCUTO NAKRO S/O LATE CESITA NAKRO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND. 22:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GVT. OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-110001 23:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR 4-PARLIAMENT NEW DELHI-110001 24:THE EXECUTIVE DIRECTOR Page No.# 12/14 NHIDCL (P) NAGALAND KOHIMA 25:THE VILLAGE COUNCIL MIDDLE KHOMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI NUCHOPA NIENU AND 24 ORS BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 07.10.2026 (Y Longkumer. J) The instant application under Section 5 of the Limitation Act, 1963, has been preferred, praying for condonation of delay of 96 days, in filing the connected Writ Appeal, against the impugned Judgment and Order dated 24.03.2026, passed by the learned Single Judge, in WP(C) No. 167/2024 and other analogous matters. Heard Ms. V Suokhrie, learned Addl. Advocate General, State of Nagaland, appearing for the appellants and Mr. I Imchen, learned Counsel appearing on behalf of the respondent. The reasons for the delay have been set-out in paragraph 4 of the instant application, whereby, it is stated that the delay was not intentional or due to negligence or lapses on the Page No.# 13/14 part of the applicant. But, due to the fact that the concerned Department has received the Court’s common Judgment and Order dated 24.03.2026, in the second week of April, 2026, and after receiving the same, the department had examined the matter and the Chief Engineer, PWD, (NH), Nagaland, had written to the Government, vide letter dated 08.06.2026, to prefer an appeal against the said Judgment and Order and asking for further necessary instructions. Thereafter, a meeting was held on 05.06.2026, between the Commissioner & Secretary, Dept. of Works and Housing, Nagaland and Chief Engineer (PWD), (NH), Nagaland, to discuss the matter, as the petitioner had undertook not to raise any claims on the land, while accepting the damage compensation. Accordingly, it was decided to file the appeal against the common Judgment and Order dated 24.03.2026. Thereafter, vide a letter dated 10.06.2025, the Addl. Secretary, Dept. of Works and Housing, Nagaland, had instructed the Addl. Advocate General, Nagaland to file an appeal against the common Judgment and Order dated 24.03.2026 and the said letter was received by the Office of the Addl. Advocate General, Nagaland, on 07.07.2026 and Page No.# 14/14 thereafter, after taking some time for preparation and drafting, the appeal was filed on 09.09.2026. Ms. V Suokhrie, learned Addl. Advocate General, State of Nagaland, therefore, submits that the appellants have taken steps, in earnest, in filing the connected Writ Appeal and prays that the delay of 96 days may be condoned. Mr. I Imchen, learned Counsel appearing on behalf of the respondents has submitted that he has no objection regarding the delay and that the matter may be heard on merit. In view of the above facts and circumstances, we are of the view that the appellants/applicants have been able to show sufficient cause for the delay of 96 days and accordingly, the present Interlocutory Application is allowed and the delay of 96 days is condoned. Registry shall list the connected Writ Appeal for Admission on 28.10.2026. Sd/- JUDGE Comparing Assistant